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CJ123 Wk2 Writing Assingment

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(Office of the Law Revision Counsel, 18 USC Sec. 1111 Chapter 15, Homicide)
It is considered 1
st
degree murder if a human life is taken when certain criteria
are met. For example, there must be malice aforethought and premeditation involved
and must be a deliberate act. There are a few things that fall into this category; such
things are the death of a human being by arson, treason, aggravated sexual assault and
assault, as well as others. Basically, if someone is killed during the commencements of
a federal crime, it is also considered 1
st
degree murder. Such charge will include a
punishment of death or life imprisonment.
One example of the mens rea would be that someone would have planned out a
murder and fulfilled this act by setting a house on fire knowing that the targeted
individual was home and was killed because of this fire. This would be a prime example
of premeditated with malicious. Another example would consist of willful act of shooting
someone in the streets. Waiting behind a bush for the target to stroll by and shoot,
shows a willful, deliberate, and premeditated.
According to the same resource, anything that does not fall into the category of
1
st
degree murder is considered 2
nd
degree murder charge. They is not much written on
this charge, however, my interpretation of 2
nd
degree murder would any killing that has
no premeditation or malice involved. Such charge carries a life imprisonment to any
number of years that justifies the criminal act. One example would be if there was a
fight at a bar, and let’s say that a man killed someone in defense of his friend that was
being brutally attacked. Here, that is no premeditation of committing the act of 1
st
degree
murder. (Office of the Law Revision Counsel, 18 USC ,Sec. 1112. Manslaughter)

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